If your air, water, or soil is being polluted by an operation occurring on private property – whether you've got a factory nearby or just a negligent neighbor – you must get the government to step in if you want to take action against it. You can submit a complaint to state, local, or federal authorities, but keep in mind the agency has broad discretion to investigate and act on your complaint. If you want to take matters into your own hands, you might consider suing the property owner for creating a public or private nuisance.[1]

Steps

Method1

Submitting a Local Complaint

1

Locate the appropriate state or local agency. Depending on the type of pollution or environmental hazard present, you may need to file a complaint with a particular state or local agency to get the problem resolved.[2][3]

You may have to call your state agency in charge of environmental affairs to find out the appropriate agency with which to place your complaint.

You also may be able to find information on your state or county's website. Look for an agency with "environmental" or "pollution" control or prevention in its name.

Particular types of pollution may be handled solely on a local or county level. Knowing which agency has the ability to do something about the problem you're experiencing can save you a lot of time and hassle.

2

Gather information about the problem. Before you can file a complaint with a state or local agency, you must have as much detail as possible about the situation that's occurring, including the names of the owners of the property and the type of pollution involved.[4][5]

Keep in mind that the more details and specifics you have, the more likely it will be that the agency will decide to investigate the problem.

If your report is vague and gives them little to go on, investigators may lack the basic information necessary to launch an investigation, which may require obtaining search warrants or other permission to enter private property.

3

Decide whether you want to remain anonymous. Most state agencies allow you to file an anonymous complaint. However, if you don't provide your name and contact information the authorities will have no way to get in touch with you if they need more information, and you will have no way to check on the status of your complaint.[6]

There are some situations in which the value of remaining anonymous outweighs any of the benefits of giving your name – but you want to weigh the pros and cons carefully.

For example, if you are filing a complaint about your neighbor and you want to preserve a reasonably civil relationship with them, you might consider remaining anonymous so they don't harbor ill feelings and resentment toward you.

However, you should keep in mind that in most cases the property owner won't learn the identity of the person who filed the complaint. Your identity and contact information will only be shared with investigators.

If you're concerned about maintaining the confidentiality of your name and other personal information contained within your report, speak to someone with the agency about it.

4

Fill out your complaint form. Typically you can find a complaint form to fill out online, however, you may have to go to your local agency office to request a paper form. Some agencies also have a hotline you can call to submit your complaint.[7][8]

If you call a hotline, you should be prepared to tell the representative the same information that you would've included in a written complaint.

Generally, the agency needs to know where the property is located, who owns it, what type of pollution is occurring, and whether the pollution was a one-time thing, is sporadic, or continuous and ongoing.

Some agencies also allow you to attach photos or other information as evidence of the pollution.

5

File your complaint. Once you're satisfied that the information in your complaint is true and complete to the best of your knowledge, file it with the agency using the agency's procedures. If you had to fill out a paper form, it usually will include instructions on where and how to submit it.[9]

You may want to make a copy of your complaint for your own records before you send it.

If you receive a confirmation or reference number when you submit your complaint, keep it in a safe place. You may want to write it on your copy of the complaint so all the information is together in one place.

6

Follow up on your complaint. If you provided your name and contact information on your complaint, you may have the ability to contact the agency and find out if any action has been taken on your complaint.[10]

When you submit a complaint online, some agencies will send you an email confirming receipt of your complaint. That email may contain a reference number or contact information if you want to update or check the status of your complaint.

If you receive further information after you've submitted your complaint and weren't given a procedure on how to update it, you may have to file an additional complaint. Mention the previous complaint when you file a new one.

Keep in mind that agencies have broad discretion on whether to launch an investigation as a result of a single complaint. If you have neighbors who also are experiencing problems with the pollution, encourage them to file complaints as well.

Method2

Reporting Pollution to the EPA

1

Visit the website of the Environmental Protection Agency (EPA). The federal agency maintains information on national pollution laws and agency regulations for dealing with pollution on private property, as well as an online complaint form you can use.[11]

On the website you can find information regarding the types of pollution issues the EPA handles. Often the EPA requires that you first submit a complaint to your state or local government before the EPA will step in.

The EPA provides a list with examples of typical situations people might encounter and who you should call to deal with the problem.

If you've looked over the information on the EPA's website and determined you should file a complaint with them, you can click the "report environmental violations" link to access the online complaint form.

2

Collect information about the situation you want to report. To file a complaint with the EPA, you will need to have information about the property, including the names of its owners, and the type of pollution that is occurring there.[12]

You will need to have information about the property causing the pollution and the person who owns it, as well as the dates you experienced the problem.

If the pollution is a continuing issue, you'll need to be able to provide an estimated date when the problem occurred.

You may want to review the types of issues addressed by the EPA to determine the types of details you should include in your complaint to get the EPA involved.

3

Complete the online complaint form. You can file a complaint with the EPA right from the agency's website. The agency allows you to remain anonymous. However, if you don't provide your name and contact information, investigators won't have any way to contact you.[13]

If you've already contacted your state or local agency, the EPA provides space for you to indicate that and list the name of the person handling the complaint, if you know the name of someone who investigated or otherwise handled your situation.

You have a number of options you can use to characterize the incident, as well as a box to describe it in your own words. However, you don't have the ability to attach files or other images to your EPA complaint.

4

Send your complaint. Before you click "send report," go over the information you've provided and make sure it's true and accurate to the best of your knowledge. Intentionally providing false information to the EPA can lead to fines or jail time.[14]

Before you click the button to send, you must check off a statement that you understand you are submitting your report under penalty of perjury.

Keep in mind that the EPA has discretion regarding how to respond to your complaint or whether to initiate an investigation.

Method3

Filing a Private Lawsuit

1

Gather information about the problem. Before you file a lawsuit, you need to know the owners of the property who are responsible for the pollution. You also must conduct whatever research is necessary to formulate allegations that demonstrate the pollution is a violation of your state law.[15][16]

Keep in mind that to claim the pollution is either a public or private nuisance, you must have proof that it interferes with your reasonable use and enjoyment of your property.

A private nuisance affects people individually, while a public nuisance affects the general public. Some pollution may qualify as a public nuisance.

However, for you to file a lawsuit regarding a public nuisance you must be able to prove that some exception applies, such as the fact that you have a special injury caused by the pollution that is different from the general harm suffered by the public at large.

If your claim is based on health conditions, you probably should have medical evidence, particularly statements from medical professionals to the effect that your physical condition was caused or exacerbated by the pollution.

You might also want to talk to neighbors about how the pollution is affecting them. Filing several lawsuits at once may increase the chances that the judge will issue an injunction against the property owner to stop the pollution.

2

Consider consulting an attorney. Because environmental law can be complex, you may benefit from the assistance of an experienced environmental attorney who has previously handled cases dealing with pollution on private property.[17]

Typically attorneys won't take these types of cases on contingency, since often the only thing you can ask for is a court order for the property owner to cease the polluting activity.

However, you may be able to sue for attorney's fees as part of your lawsuit. If you win, the defendant will be ordered to pay your attorney's fees which you owe or have already paid out of pocket. Whether you can include attorney's fees in your damages depends on your state's law.

If you're concerned about the cost of attorney's fees, you might want to check with any nonprofit environmental organizations in your area. Many of them have legal teams that provide assistance to individuals taking action against pollution.

3

Draft your complaint. Your complaint includes allegations that together demonstrate that the pollution constitutes a violation of state law, or that it is a nuisance as defined by your state law, and that you personally have suffered damages as a result of this pollution.[18][19][20]

If you've decided to represent yourself, check with the clerk of the court where you want to file your lawsuit for forms. You also may be able to download these online. If the court doesn't provide fill-in-the-blank forms, ask for copies of complaints filed in other lawsuits that you can use as guides to format your document properly.

Identify yourself as the plaintiff and the owners of the property as the defendants. Then list your allegations in numbered paragraphs, one factual allegation per paragraph.

You also must explain how those allegations add up to a violation of the law, and tell the court specifically what you want it to do as a result of this violation.

Sign your complaint. Some jurisdictions may require you to sign your complaint in the presence of a notary public if you are not being represented by an attorney.

4

File your complaint. Once you've completed and signed your complaint, make at least two copies of it and take them all to the clerk of the court in which you want your lawsuit to be heard. The clerk will stamp your originals and copies, and return the copies to you.[21]

You'll have to pay filing fees when you file your lawsuit, typically several hundred dollars for a civil suit in county court. If you don't think you can afford filing fees, ask the court clerk for a fee waiver application.

On the fee waiver application, you'll have to provide information about your income and assets. If the money you have available falls below the court's threshold, you won't have to pay court costs for your case. Often you automatically qualify for a fee waiver if you receive public benefits.

After you file your complaint, one of the copies you made must be delivered to the defendants using a particular process called "service." Complaints in county court typically are hand-delivered by a sheriff's deputy.

You also may be able to mail the complaint to the defendants using certified mail with returned receipt requested. When you get the receipt back, you'll be responsible for filing a proof of service document with the clerk.

5

Wait for a response. When the defendant is served with your lawsuit, they have a limited period of time – typically 20 or 30 days – to file some sort of response. If the deadline passes and you don't receive a response, you may be eligible to win by default.[22]

The defendant may file a motion to dismiss, which at this stage argues that even if all of the allegations in your complaint are true, they don't add up to a violation of the law for which you can sue for damages or a court order.

You also may receive an answer denying most of your allegations. This doesn't necessarily mean the defendant is saying your allegations aren't true. Rather, the defendant is forcing you to meet your burden of proof in the trial.

Assuming the defendant responds before the deadline, you typically will begin the process of litigating the lawsuit. Don't be surprised if you also receive some sort of settlement offer from the property owner.